Kim Gale  |  July 21, 2022

Category: Legal News

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Man sits on edge of bed holding stomach in pain

Hernia repair surgery is one of the most common procedures that takes place in hospitals today. However, hernia mesh failure can lead to minor or even life-threatening health issues, according to a study published in the U.S. National Library of Medicine.

What is a Hernia?

A hernia occurs when an intestine, an organ, or fatty tissue squeezes through a weak area or hole in muscle or connective tissue, per the U.S. Food and Drug Administration (FDA). Hernias generally occur in the abdominal wall and are sometimes visible as a bulge. They may become more visible when straining or bearing down.

Hernias come in a variety of types based on where they occur. Inguinal hernias occur in the inner groin; incisional hernias occur through a scar or incision in the abdomen; femoral hernias occur in the outer groin or upper thigh; hiatal hernias occur inside the abdomen; ventral hernias occur in the abdominal or ventral wall; and, umbilical hernias occur at the belly button.

What Causes a Hernia?

Usually, what causes a hernia is some combination of unusual pressure and a weakness or an opening in muscle or connective tissue. Because of the pressure, organ or tissue can be pushed through the opening. For some, these muscle weaknesses may have been present even at birth. For others, the weaknesses can develop over time.

A number of factors can contribute to the likelihood of a hernia, including lifting heavy objects, obesity, diarrhea or constipation, and persistent coughing or sneezing.

Other things that can lead to weak spots in the muscles include smoking, overexertion, and poor nutrition, which in turn can increase the likelihood of a hernia.

How are Hernias Treated?

According to the FDA, hernias can be treated surgically or non-surgically. Non-surgical treatment primarily involves monitoring a hernia to make sure it doesn’t become worse. Surgery is an optional solution in these cases. When surgery is used to treat a hernia, it is carried out in one of two ways: laparoscopic or open repair.

Laparoscopic surgery involves making small incisions in the abdomen and may not require the use of surgical mesh. Open repair, on the other hand, involves making an incision near the hernia in order to repair the weak tissue area. Again, surgical mesh is not required, but it is a part of the preferred open repair method. Hernia mesh failure is a possibility after any hernia repair that uses it.

What is Surgical Mesh?

The first step to understanding hernia mesh failure is learning what surgical mesh is. Surgical mesh is often used to ensure that a hernia will not reopen by strengthening the area. The popularity of surgical mesh in hernia repairs has been on the rise since the 1980s. According to the FDA, by 2000, only 10% of groin hernia repairs were made without mesh.

The majority of surgical mesh is constructed from synthetic material or animal tissue. Mesh can be either absorbable or non-absorbable, depending on the type. Non-absorbable mesh is considered a permanent implant because it remains in the patient’s body indefinitely. Absorbable mesh, on the other hand, is meant to degrade over time as it is replaced by new tissue growth.

What Happens When Hernia Mesh Fails?

Hernia mesh failure symptoms may include:

Depending on the issue, patients may need to undergo repair or revision surgery, which can be more dangerous than the initial procedure.

There are five main causes of hernia mesh failure:

  • Infection: Infection is a common risk of hernia repair surgery that utilizes surgical mesh. In most cases, the infection can be treated, but in some cases it can be life-threatening. Infections can invade the surgical mesh and the surrounding tissue. It’s possible that the patient may not even know his or her illness is related to the mesh. To treat a serious infection and complications, the patient will most likely need another operation.
  • Breakage: Breakage is exactly what it sounds like, a fracturing of the mesh itself. The broken-off pieces of mesh can spread throughout the body and may become infected, as well. The mesh itself may have sharp edges that can cause further injury.
  • Shrinkage: Mesh shrinkage or contraction occurs when the mesh inside the body diminishes in size. This shrinkage can cause chronic pain, obstructions, mesh migration, and infection. The shrunken mesh may also cause scar tissue to form a fibrous mass full of nerves. The shrinkage may also contribute to breakage.
  • Migration: There are two different types of hernia mesh failure caused by migration: mechanical/primary and secondary migration. Primary migration occurs when the mesh isn’t securely attached to the muscle tissue. Secondary migration can take years and is caused when the body’s own inflammation response erodes the mesh and allows it to migrate. Migration can lead to infections, chronic pain, serious bleeding, and hernia recurrence.
  • Rejection: Sometimes, the body views surgical mesh as an invader and thus attacks it. This immune response can cause serious health issues and may require the mesh to be surgically removed.

What is the Hernia Mesh Failure Rate?

In 2016, the Journal for the American Medical Association (JAMA) published a report regarding patient experiences five years after hernia mesh surgery. The hernia mesh failure rate was 5.6% among those who received an open mesh hernia repair, compared with 3.7% among patients who received hernia repair through a laparoscopic procedure. The hernia mesh failure rate was attributed to complications including bowel obstruction, bowel perforation, bleeding, and late abscess.

Hernia mesh failure rates also depend upon the type of mesh used and the size of the repaired hernia.

Hernias used to be repaired by sewing up the hole through which the hernia protruded, according to Stony Brook University’s Renaissance School of Medicine. With this method, hernias recurred between 25% and 50% of the time. The introduction of hernia mesh reduced this number to fewer than 10%, leading hernia mesh to become the gold standard for hernia repair for about 50 years.

Have Hernia Mesh Failures Led to Any Recalls?

Patient on operating room table with two doctors in room

Since March 2010, hernia mesh has been the subject of U.S. Food and Drug Administration (FDA) recalls, according to the UCI Health.

Though the recalls may be cause for concern, they have been fairly effective in combatting the problems associated with hernia mesh. UCI Health says the problems were largely attributed to design and manufacturing flaws of individual mesh products.

Research into hernia mesh is ongoing. A 2014 study pointed to the efficacy of hernia mesh. The Journal of the American Medical Association noted that among 2,000 surgeries studied between 1980 and 2012, procedures in which hernia mesh was used resulted in fewer recurrent hernias over the course of five years than those that did not use it.

UCI Health’s Marcelo W. Hinojosa, MD, says medical professionals are “still looking for that perfect mesh” and explains that while there are some risks associated with it, mesh is still needed for certain hernias, and is safe when placed correctly and used in the right circumstances.

Many hernia mesh manufacturers have voluntarily recalled their products due to the prevalence of hernia mesh failure. The FDA has also found instances of counterfeit mesh that make hernia mesh failure even more likely.

Can I File a Hernia Mesh Lawsuit?

If you or someone you love has suffered complications after a hernia mesh fails, you may be able to file a lawsuit and pursue compensation. Of course, filing a lawsuit cannot take away the pain and suffering caused by hernia mesh failure, but it can at least help to alleviate the financial burden incurred by medical expenses, lost wages, and more.

Pursuing litigation can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a Free Hernia Mesh Class Action Lawsuit Investigation

If you underwent hernia surgery and suffered severe pain, your complications may be the result of a defective mesh product made by one of the four main hernia mesh manufacturers, Ethicon, C.R. Bard, Covidien, and Atrium.

You may qualify to seek compensation for your injuries through a hernia mesh repair lawsuit.

Learn more by filling out the form on this page for a free case evaluation.

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